Federal Circuit Reverses Priority In Claritin Battle

Law360, New York (February 6, 2006, 12:00 AM EST) -- In a protracted patent interference case, a pharmaceutical company hoping to trump its rival’s patent for making Claritin’s active ingredient has lost once again at the U.S. Court of Appeals for the Federal Circuit, after its inventors’ testimony was discredited by document backdating.

The duel between the two Spanish companies began in May 2002, when Medichem SA sued rival Rolabo SL to establish priority over a process for making loratadine, the active ingredient in the popular allergy drug Claritin. Medichem sought to trump Rolabo’s priority date...